TheDean Vs Egg

[TheDean]

Hi all,

 

Like many I have had my Egg card changed to repayment only for being 'high risk'. I have preiously been a good customer and certainly would not think of myself as high-risk.

I originally wasn't going to claim back the charges they have livied on my account as I think it is just a shade over £100, but due to their behaviour in regards to my account, I have decided to claim back every penny - going to court if neccessary!

 

I have previously claimed back charges from RBS (before it was all escalated to the High Court) and although a reasonably lengthy procedure, was simple enough.

 

I have sent the below letter today and will update this thread with everything I recieve from them if I need help etc etc etc.

 

 

Dear Sir/Madam,

 

Data Protection Act 1998

 

Subject Access Request

Please supply me with a complete list of transactions and charges relating to my accounts for the last six years. Alternatively, a complete set of bank statements for that period will be acceptable. Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my financial business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties and charges against me, then I shall be reclaiming them. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However please note that by sending this secure message I have passed through your security and thus confirmed my identity.

 

Yours Faithfully,

 

TheDean

[dpick]

Hi don't forget that as this is a credit card they will have applied interest on the charges so you can reclaim this as well at the same rate as they would charge you for unauthorised borrowing.

 

all the best dpick:)

[TheDean]

Hi don't forget that as this is a credit card they will have applied interest on the charges so you can reclaim this as well at the same rate as they would charge you for unauthorised borrowing.

 

all the best dpick:)

 

Of course! I didn't think of that...Cheers dpick! Some of them will be a good 3years old as well You don't happen to have their unauthorised borrowing rate to hand by any chance do you?

[dpick]

Of course! I didn't think of that...Cheers dpick! Some of them will be a good 3years old as well You don't happen to have their unauthorised borrowing rate to hand by any chance do you?

 

Sorry no I picked up on this when I went after Capital one. If egg have a website check on that else you could try ringing them Cap1 were quite good with that.

 

all the best dpick:)

[Mistermind]

Egg's debit interest rate fluctuated from month to month. The actual interest rate prevailing in the month when unlawful Overlimit and Late Payment charges accrued monthly debit interest will be printed on the Egg statement for that month. These copy statements can be obtained from Egg fairly quickly for £5 (option 2).

 

You appear to be seeking Option 3 S.A.R - (Subject Access Request), the full monty for £10. This will come to you as a one-inch high bundle of papers including numerous screen prints collated by hand, as well as Egg's comments (but unlikely to include incriminating comments that your card has been selected for closure for being a too-good account, even while Egg trumpets to the press that they are closing too-bad accounts). Egg are allowed 40 days to deliver S.A.R - (Subject Access Request), but in past cases have taken 70 with little redress available in the real world. Such a delivery date will occur after the verdict from the Test Case, which even as I write is trundling towards its last few days in court.

 

Last week two Egg claimants secured full refunds within record time of 3 weeks and 1 week. It could be that Egg wants to avoid other public battles at a time when they are facing backlash from 161,000 irate dismissed cardholders. Results like last week's two refunds cannot get any better, but they can get worse. How?

 

In the battle over bank charges, last May saw the first claimant defeat in court (Kevin vs Lloyds). Observing claimants who were not alarmed, and who carried on slowly and surely, with some declining 90% refund offers, were suddenly overtaken by the announcement by the OFT on 31st July 2007 of a planned Test Case. Tens of thousands of claimant cases already in the long queue for court were stayed in short order. Six months later they remain waiting, and if the Test Case verdict goes to Appeal they may remain waiting until 2009. If the OFT suddenly announces a Test Case against cards in 6 months time, card claims will surely be stayed.

 

When the ultimate verdict comes, there will be no 100% refunds which were the norm before August 2007. No claimant says Penalty Charges are unlawful in total -- they are unlawful solely because they were set too high. When the final verdict settles on a lawful figure of £ X rather than £39, gods knows what figure X would be, then I believe only the excess portion above £ X would be eligible for retrospective refund. So, the double whammy: the long wait, then the reduced payout at the end.

 

To escape the surprises which entrapped bank charge claimants, credit card claimants would do well to move fast.

 

Good luck.

[TheDean]

Would you reccomend I just get the £5 bundle in this case so I can try to force it through?

[Mistermind]

It's time and uncertainty, risk and benefit, your call.

 

In the Test Case 8 banks make their case, then the OFT to wind up. Then the judge will probably take an unknown period of time to consider his verdict in this case with over 20 billion pounds refund consequences.

 

If the verdict is perceived as the law being sympathetic to the institutions, then the likes of Egg will stop running scared, and instead stand and fight every penny. Or equally bad, the OFT announces a Test Case for cards, thereby halting all refund activity.

 

I have no private line into the OFT, it's your call. But if Egg are indeed in a mood to settle reclaims quietly asap while braced for their other PR crisis, then this moment is the golden moment.

[TheDean]

It's time and uncertainty, risk and benefit, your call.

 

In the Test Case 8 banks make their case, then the OFT to wind up. Then the judge will probably take an unknown period of time to consider his verdict in this case with over 20 billion pounds refund consequences.

 

If the verdict is perceived as the law being sympathetic to the institutions, then the likes of Egg will stop running scared, and instead stand and fight every penny. Or equally bad, the OFT announces a Test Case for cards, thereby halting all refund activity.

 

I have no private line into the OFT, it's your call. But if Egg are indeed in a mood to settle reclaims quietly asap while braced for their other PR crisis, then this moment is the golden moment.

 

As I understood it though, credit cards were not affected by this case...

[Mistermind]

The Test Case verdict is not binding on credit cards, but it is hard to think the reasoning which underlies the OFT or the judge assessing £ X as a fair and lawful charge for bouncing a D/D on a bank account, would not influence the thinking of Egg, who also can apply a similar charge for bouncing a D/D where credit limit is exceeded.

 

100% refunds have been made by credit cards for 20 months because they were too scared to face a court ruling. If they cease to be scared of court thanks to a Test Case verdict favourable to banks, or a Test Case is forced upon cards by the OFT, then Egg will have no further reason to accede to 100% refund claims.

 

Egg was very co-operative during March-August 2007, then quite difficult during September-December, now suddenly easy again. This will not last.

[TheDean]

The Test Case verdict is not binding on credit cards, but it is hard to think the reasoning which underlies the OFT or the judge assessing £ X as a fair and lawful charge for bouncing a D/D on a bank account, would not influence the thinking of Egg, who also can apply a similar charge for bouncing a D/D where credit limit is exceeded.

 

100% refunds have been made by credit cards for 20 months because they were too scared to face a court ruling. If they cease to be scared of court thanks to a Test Case verdict favourable to banks, or a Test Case is forced upon cards by the OFT, then Egg will have no further reason to accede to 100% refund claims.

 

Egg was very co-operative during March-August 2007, then quite difficult during September-December, now suddenly easy again. This will not last.

 

Thank you Mistermind (check your scales ) - I'll got for option 2 (£5) and try and push it through as quickly as possible...Hopefully as it is such a small claim they will not bother messing about and pay me out as quickly as possible. Although in saying this I'm fully prepared to go off to court if they want me to

[Mistermind]

Thanks.

 

:grin: For sure Egg managers read this forum. They now know you are not a guy to mess with.

[TheDean]

Ok,

 

So I recieved the below this morning:

 

Dear TheDean

 

Thanks for your question about Data Subject Information Requests. Making this request allows you to get a copy of all the personal information Egg holds about you on computer and paper.

 

You can request this information by.

 

* Go to www.egg.com

* Selecting 'Egg Card - find out more' and 'Frequently asked questions'

* Choosing 'Getting account information' from the drop down menu

* Selecting the option for 'How do I make a Data Subject Information Request?'

 

Once you've completed and returned the request form we'll send you an information pack which explains the process.

 

Please be aware that a £10 fee and identification will be required before we can process your Data Subject Information Request.

 

Thanks for your message.

 

Regards

 

Sarah Wilson

Internet Customer Services

 

I'll be firing off my response this morning recordered delivery